Non-Pecuniary Damages Explained: Pain & Suffering in Ontario

Injuries caused by a range of incidents can lead to two different kinds of damages – individuals may claim pecuniary damages and/or non-pecuniary damages, which are significantly different in terms of calculation, how the courts approve them, and compensation.

But what is the difference between the two, and what are non-pecuniary damages? In this article, we will define these types of damages, explain how the courts assess non-pecuniary damages, provide examples of non-pecuniary cases, and look at the credible evidence required in such cases. 

What Are Non-Pecuniary Damages?

Non-pecuniary damages (also referred to as general damages) are defined as compensation for pain, loss of enjoyment of life, and suffering. These are generally difficult to quantify in terms of money, since such compensation is often subjective. These damages are also evaluated against a specific threshold, and, generally, a plaintiff can recover damages only if the court finds the injury is permanent and serious.

Non-pecuniary damages are different when compared with pecuniary damages – the latter involves financial compensation that is easier to quantify, such as lost wages, medical expenses, physical damage to property, and future care costs, while the former, non-pecuniary damages, can involve the following kinds of factors and costs:

• Impairment of Life – This kind of compensation may be awarded if you experience a minimized quality of life over a long period due to the incident.
• Impairment of Relationships or Social Life – This compensation may be awarded if your relationships with colleagues, relatives, or friends decline due to the incident.
• Impairment of Mental Abilities – This type of compensation may be awarded if your mental capabilities deteriorate due to the incident.
• Impairment of Physical Abilities – If your physical capabilities are reduced by the incident, you may be awarded compensation for the impairment of physical abilities.

How Courts Assess Pain and Suffering

Even though each case is different, there are a few factors involved when the court assesses pain and suffering. They will look at how severe the injury is, how long it has lasted, and its impact on your daily life. They will additionally look at your age, overall health, and similar past cases.

Additionally, generally speaking, awards are benchmarked based on precedent or prior cases. They are not awarded freely, and are decided by comparing past cases and similar injuries with your specific case to choose a fair compensation amount.

Since it is the case that courts adhere to a tort threshold for permanent and serious injuries in claims, if the plaintiff’s injury does not meet the standard of permanent and serious impairment of physical or psychological function, it is likely that the plaintiff will not be awarded a claim for their pain and suffering.. If they do have a permanent and serious injury that results in a pain and suffering claim that is valued below $159,708.91, there is a deductible of $47,913.01 that applies. If your injuries are valued at more than $159,708.91, then no deductible applies. It is important to consult a personal injury lawyer for your case, which can help you gain more information. 

Further, the Supreme Court of Canada’s 1978 upper cap for non-pecuniary damages then limited the compensation to $100,000 as a result of a trilogy of significant cases. However, you should note that the cap does get indexed, reflecting inflation. This means that in 2026, the upper limit or compensation cap for pain and suffering adjusts to approximately $470,000.

Key Factors Affecting Your Compensation

Other factors can affect the compensation you receive. As mentioned, age is considered, but courts will also look at your lifestyle, occupation, emotional toll, and medical prognosis.

Specifically, the court will consider how the injury affects your hobbies and daily life, such as your ability to enjoy normal activities, whether the injury means you cannot complete meaningful work, whether you experience psychological suffering, or are experiencing specific conditions. If the incident has exacerbated a pre-existing condition, compensation may also be affected.

Significant psychological suffering, such as post-traumatic stress disorder, anxiety, or depression, and permanent or worsening conditions, compared with temporary injuries, generally lead to higher compensation if they qualify or clear the mentioned threshold, as can catastrophic, disfiguring, or severe ones. But it’s important to consult a personal injury lawyer for your specific personal injury case.

Similar injuries can lead to different awards, which tend to depend on the context. For instance, in the case of Cantin v. Petersen, the injured party was awarded $150,000 in non-pecuniary damages for soft tissue injuries to the spine, hips, and legs, while in the case of Economopoulos v. Doug Tarry Ltd., the plaintiff received $40,000 for chronic pain and soft tissue injuries to the neck and shoulder.

Differences in compensation in these cases reflect the fact that although both plaintiffs experienced chronic pain, the plaintiff in the Cantin v. Petersen case had a severe impairment in terms of their lifestyle, while the plaintiff in the Economopoulos v. Doug Tarry Ltd. case could live a relatively normal life, even though they experienced chronic symptoms.

Common Misconceptions About Pain and Suffering

In many cases, individuals misunderstand pain and suffering damages in non-pecuniary contexts – and many either make assumptions about the amount of compensation they will receive or that it is easy to obtain. But the reality can be different.

Myths About Damages Values: Statutory Deductibles

You may consider that large sums will be awarded in non-pecuniary damages. But, in terms of the value of compensation, the damages are subject to a statutory deductible. Specifically, the deductible is approximately $48,000 and this amount adjusts with inflation. This can affect the entire compensation amount.

For instance, if a plaintiff is awarded $90,000 in damages, they may only receive $42,000 as the final sum after paying the deductible. Since this can be the case, it’s important to consult with a personal injury lawyer to get specific information about your situation and learn more about the deductible value.

Myths About the Claims Process: Credible Evidence for Non-Pecuniary Damages

Additionally, when considering your personal injury claim, it’s important to keep in mind that obtaining compensation isn’t as simple as stating that you are suffering. You will need to prove to the court and to insurance companies that the suffering has impacted your life and how it has done so.

For this reason, credible evidence will be needed to support your claim – it will reveal how an injury has affected you and strengthen your claim. Evidence such as the following is essential in specific contexts:

• Psychological Evaluations – If you have experienced mental harm as a result of the incident, psychological evaluations from a professional can support your claims.
• Expert Testimony – In the event you have endured long-term suffering due to the incident, expert testimony can help to objectively explain those long-term challenges.
• Testimony from Colleagues – If you have experienced changes in your lifestyle or work, testimonies from colleagues can support your statements and strengthen your case.

Getting Fair Results with Legal Help

Experienced lawyers can help you quantify losses that are difficult to calculate with specific evidence supporting the process. They can also rely on case law and medical reports to make precise calculations and help you gather evidence, to give you the right legal support.

Experiencing an injury as a result of an incident? Ristich Law ensures every aspect of your suffering is fairly represented – our experienced local personal injury lawyers are here to help. Contact Ristich Law for a free consultation and let us help you ensure your claim is a smooth process.